Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

[cajack]

Yeah. I have the same question. I have the similar timeline as yours.

Hi Gurus,
If we file 1447b related lawsuit right on 120th day, is there a possibility that they might say the people are waiting for a long time and my case might not look that strong . What can be done in that scenario ?

Thanks ...

 

[Suzy977]

yes, I saw mentioned case with US attny listed as a defendant (in PACER), and now I'm surprised - why their US Attny did not react ? I think, they don't care much since naturalizations cases usually settled before trial.

Buggin, Suzy, Fightback - thank you very much! Life seems so much better now, and I belive again that my husband will be a citizen one day (It's been more than 3 years since the interview).

Maybe that particular US Attorney didn't care, or they just overlooked it, or they were planing to ask the Judge to dismiss the complaint against US Attorney later....

The fact that is happened once, it doesn't make it right.

And about your husband...he will be a citizen soon

Just do your "homework" good and don't make mistakes in the future., this thread is a complete a to z guide how to succeed with your litigation.

 

[Suzy977]

Hi Gurus,
If we file 1447b related lawsuit right on 120th day, is there a possibility that they might say the people are waiting for a long time and my case might not look that strong . What can be done in that scenario ?

Thanks ...

Boston_case and cajack, they may say that, they do this all the time. But the law says 120 days not 1,200...not even 121 days, period.

I was planning to ask them, when I was about to sue USCIS, if the speed limit is 55 and you got caught with 65...you'll argue with the cop that other people are driving 100MPH...so you should be left of the hook

 

[mohamedmohamed]

Hi Gurus,
If we file 1447b related lawsuit right on 120th day, is there a possibility that they might say the people are waiting for a long time and my case might not look that strong . What can be done in that scenario ?

Thanks ...

techenically you shouold be able to, the statute said 120 days, 120 days is what you should give them, and considering that this may be taken away by any immigration reform, i dont think there is a room for too much waiting.

 

[buggin]

Hi Gurus,
If we file 1447b related lawsuit right on 120th day, is there a possibility that they might say the people are waiting for a long time and my case might not look that strong . What can be done in that scenario ?

Thanks ...

Don't file it on the 120th but on the 121st day.
Of course, the defendants might say that you haven't waited too long. However, the good news is that the law is on your side. The law clearly says 120 days, not more than that. You can state in your argument (if it will come to that, which I believe it won't) that you waited 120 days allowed by US Code to resolve your case and that the defendants failed to do so.

 

[mohamedmohamed]

CONGRATULATIONS MY FRIEND ​

I am glad to see another victory. I was also glad to see that my name check is completed as well as all neccessary checks except that USCIS is stalling my case for another 60 days to conduct a second interview with me before they finalize my application. Their resposnse to court was stupid and technically all they asked for is done except the second interview. Honestly, I do not want to see any of their ugly faces, but I have to do it when they send me an interview letter. I will keep you guys updated. Thanks to everyone on this forum and congratulations to Yousif and every new American Citizen (and LEGAL resident as well).

god luck to you

 

[Emta]

First, a while ago, a member insisted here that US Attorney should be listed as a defendant...since a frined of his/hers did so [/U].

It was me. But I did not insist, I just explained why I did so, following an example of another member of this thread (with success in her case). I am not a guru here at all.

Anyway, I did this way. Probaly it was wrong, but it's done. And I served all defendants including US Attorney and did not served Civil Clerk as other people reported (my district is North California). US Attorney resived a service at 06/01/06. I've filed proof of service in court 06/08/06. I've nothing from court indicating there was something wrong with my case. I've recieved ORDER TO SHOW CASE signed by US Magistrate Judge dated 06/06/06. In the body of this order all my defendats are listed and it is saying that all those defendants "shall within sixty days after receiving og service...".

Do you think I'm on the right track and don't have any problems with my case? Do you think I have to serve additionaly Civil Process Clerk?

I'm going to call US Attorney office next week. By the way if somebody could give me the right phone number (North California).

Thanks a lot!

 

[verywang]

I contacted US attorney yesterday

I was able to reach the US attorney who was assigned to my case and explained to him how anxious I was to get this resolved. He said he just sent out a request to USCIS to expedite the case, hopefully the name check will get cleared soon. I am crossing my fingers hoping I can travel and see my father while he is still alive. wish me luck guys.

 

[buggin]

I've recieved ORDER TO SHOW CASE signed by US Magistrate Judge dated 06/06/06. In the body of this order all my defendats are listed and it is saying that all those defendants "shall within sixty days after receiving og service...".

What does the Order to Show Cause exactly say? Normally, the plaintiff will have to file a response to this kind of order. It means the court is not clear what is the cause of your action or the reason you are suing the defendants. You need to read it carefully and see if it says what you need to do.

Do you think I'm on the right track and don't have any problems with my case? Do you think I have to serve additionaly Civil Process Clerk?

As long as you served on the US Atty and they accepted it, you should be fine. I don't see what else you need to do in this respect.

I'm going to call US Attorney office next week. By the way if somebody could give me the right phone number (North California).

The number is (415) 436-7124.

 

[hadenuf]

Name check and CIS HQ

Does anyone know how much time the USCIS HQ takes after FBI says that the name check has been cleared.I received a letter from FBI that says that my namecheck was FINALIZED and results sent back to the uS on the 29 May 2006.But when I contacted my service center to check if the y can djudicate my pending I-485, they have replied back saying that their records still indicate that the FBI name check has not cleared and that the HQ is reponsible for updating the name check status. IT has been over 3 weeks since FBI has sent them the results. This whole system is so damn screwed up. CIS blames the FBI for the delays and now that FBI has cleared the checks, I dont know what I will have to do to get CIS to look at the results.

Does anyone know how much time CIS HQ takes to update the status saying that the namecheck has cleared once FBi sens the results over??

 

[cajack]

How did you find out your name check status? Did you write, call or email FBI? Please share your experience.

Thanks,

jack

Does anyone know how much time the USCIS HQ takes after FBI says that the name check has been cleared.I received a letter from FBI that says that my namecheck was FINALIZED and results sent back to the uS on the 29 May 2006.But when I contacted my service center to check if the y can djudicate my pending I-485, they have replied back saying that their records still indicate that the FBI name check has not cleared and that the HQ is reponsible for updating the name check status. IT has been over 3 weeks since FBI has sent them the results. This whole system is so damn screwed up. CIS blames the FBI for the delays and now that FBI has cleared the checks, I dont know what I will have to do to get CIS to look at the results.

Does anyone know how much time CIS HQ takes to update the status saying that the namecheck has cleared once FBi sens the results over??

 

[hadenuf]

How did you find out your name check status? Did you write, call or email FBI? Please share your experience.

Thanks,

jack

Finding out the name check status was not a problem.I found out that my 485 was pending due to name check from the status replies that I got from the USCIS local service center. I was filing an inquiry with them every 4-5 months and they would respond that my 485 was pending as they were waiting results of the FBI name checks.
Starting some time in December last year, I went on a letter/email/faxes writing spree to the FBI, white house, senators, congressmen, anybody and everybody you can think of. Finally I dont know what worked.Some time in the first week of June, I got a letter from FBI that my name check has been finalized and results sent back to the CIS HQ on May 29 2006.
I wanted to try everything before considering WOM. I have invested a lot of time, effort and of course money and finally loks like the efforts have somewhat paid off. I must have written like 90-100 letters, about 50-60 emails and tons of faxes.

I am now waiting for the CIS HQ to update their dumb system that the FBI name check results have been recieved so that my local service center can finally adjudicate my case.

 

[cajack]

Thank you for sharing your experience. I have beening waiting for my 'Background Check' since this April for my N-400 application. I will write to my senator very soon. I don't know how affective it could be. But it worth to try. Thanks again.

Jack

Finding out the name check status was not a problem.I found out that my 485 was pending due to name check from the status replies that I got from the USCIS local service center. I was filing an inquiry

with them every 4-5 months and they would respond that my 485 was pending as they were waiting results of the FBI name checks.
Starting some time in December last year, I went on a letter/email/faxes writing spree to the FBI, white house, senators, congressmen, anybody and everybody you can think of. Finally I dont know what worked.Some time in the first week of June, I got a letter from FBI that my name check has been finalized and results sent back to the CIS HQ on May 29 2006.
I wanted to try everything before considering WOM. I have invested a lot of time, effort and of course money and finally loks like the efforts have somewhat paid off. I must have written like 90-100 letters, about 50-60 emails and tons of faxes.

I am now waiting for the CIS HQ to update their dumb system that the FBI name check results have been recieved so that my local service center can finally adjudicate my case.

 

[Emta]

What does the Order to Show Cause exactly say? Normally, the plaintiff will have to file a response to this kind of order. It means the court is not clear what is the cause of your action or the reason you are suing the defendants. You need to read it carefully and see if it says what you need to do.

Hi buggin,

Thanks a lot for all your attention and help. I've read the order very carefully and there is nothing I can see I need to do. I thought everybody got something like this. The Order is saying the following:

On May 23, 2006, plaintiff <name> appearing pro se, filed a "Petition for Hearing on Naturalization Application Under 8 U.S.C. 1447(b)" against defendants Michael Chertoff, Secretary of the Department of Homeland Security; Emilio Gonzalez, Acting Director of the CIS; David Still, Director of the CIS San Francisco District; Robert Mueller, Director of the Federal Bureau of Investigation; and Kevin Ryan, US Attorney for the Northern District of CALIFORNIA.
Plaintiff alleges the following: She is lawful permanent resident of the US... <description of my application, dates and exhibits>
Plaintiff allegges that Defendants have violated 8 U.S.C.1447(b), which provides:
If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted, the applicant may apply to the US district court for the district in which applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may eighter determine the matter or remand the matter, with appropriate insructions, to the Service to determine the matter.

Plaintiff requests that this Court adjudicate the naturalization application or issue an order direction Defendants to adjudicate her application immediately. Good cause therefore appearing, IT IS HEREBY ORDERED as follows:
(1) The Clerk of the Court shall serve by certified mail a copy of the petition and a copy of this Order upon counsel for Defendants, the Office of the US Attorney. The Clerk of the Court also shall serve a copy of this Order upon Plaintiff <name>.
(2) Defendants shall, within sixty (60) days after recieving service of petition, file and serve upon Plaintiff an answer, showing cause why the relief prayed for should not be granted. At the time the answer is filed, Defendants shall lodge with the Court all records relevant to a determination of the issues presented by the complaint. If Defendants contend that Plaintiff has failed to exhaust administratiove remedies as to any ground for erlief asserted in the complaint, Defendants shall specify what administrative remedy remains available to Plaintiff. If Defendants waive or concede the issue of exhaustion, Defendants shall so state in the answerr.
(3) Plaintiff may file a response to the matters raised in the answer within thirty (30) days after receiveing the answer.
(4) Unless otherwise ordered by the Court, the matter will be deemed submitted upon the filing of the response or upon the expiration of the time of response.
(5) No later than the time of responses hereunder are due, the parties shall make their determination regarding the issue odfconsent to jurisdiction of the Magistrate Judge and file the appropriate form. In the event any party declines to consesnt to the jurisdiction of the Magistrate Judge, this action will be reassigned to a District Judge for further proceedings.
(6) The Order Setting Initial Case Management Conference and ADR deadlines entered on May 23, 2006 in this action is hereby VACATED.

IT IS SO ORDERED,

Richard Seeborg,
US Magistrate Judge. dated June 6, 2006

I wonder, if nobody else got similar thing soon after filing? Even in the same district?

Sorry for the long quote (and typos, I was typing it from the original), just want to share and to see if I overlook some action needed?

Thanks.

 

[Eastbayer]

I agree with you

Hi buggin,

Thanks a lot for all your attention and help. I've read the order very carefully and there is nothing I can see I need to do. ....

Hi Emta,

Back in late April I filed with the N. Cal. District Court too, but I was assigned to a different judge. Then I was sent a schedule, regarding ADR agreement, joint initial case management (by Plaintiff and defendants), and the initial case management conference with the judge. I think different judges may have their own ways to handle the cases. When I talked to the assist. US Att., she said my judge usually wants to listen to both sides about the matter and their plans to get the case settled/resolved during the initial case management conference. But she did not seem to take it very seriously, always saying we would have the chance to get the name check cleared before having to do anything. Turned out she was right and my name check result came back in a month. Should we have the case management conference as scheduled, I bet we would be talking about the same issues mentioned in the judge order you just posted, without substantial/defined actions. I think all parties involved want to get the case settled without going to Court, including the judge.

Since you've served the Court Clerk and all the defendants, and the defendants will have 60 days to response, I don't think you can do anything now until they file their response with the court. The judge order simply rephrased your complaint, the laws and the local rules. About a month after you filed, you can try to reach the Assistant US Att. to get a case update if you want. In my case they called me right after they heard my name check was done. So it probably does not matter who calls whom first.

Good luck.

 

[buggin]

Hi buggin,

Thanks a lot for all your attention and help. I've read the order very carefully and there is nothing I can see I need to do. I thought everybody got something like this. The Order is saying the following:

...Plaintiff requests that this Court adjudicate the naturalization application or issue an order direction Defendants to adjudicate her application immediately. Good cause therefore appearing, IT IS HEREBY ORDERED as follows:...

Hi Emta, thank you for posting your document, and don't you worry about any typos. It helps a lot to read it. It is a good document for you. The key phrase is "Good cause therefore appearing." It means that the court is satisfied with your causes of actions (reasons in your complaint why you are suing each of the defendants). And all the action items the court set are for the defendants. It looks to me that the court is on your side.

I wonder, if nobody else got similar thing soon after filing? Even in the same district?

I think you filed in the Northern District of CA? I filed in San Francisco, and my case was transferred to Oakland. But I didn't get any documents like yours. I guess every judge has their own way of doing things.

Looks to me you don't have to worry. Even the court agrees so far that your case is solid.

 

[Emta]

Eastbayer, buggin,

Thanks for support and help me feeling more confident. I've filed in San Jose, California. Really, every judge act different. Hopefully, everything is going good.

 

[Suzy977]

Hi buggin,

Thanks a lot for all your attention and help. I've read the order very carefully and there is nothing I can see I need to do. I thought everybody got something like this. The Order is saying the following:


I wonder, if nobody else got similar thing soon after filing? Even in the same district?

Sorry for the long quote (and typos, I was typing it from the original), just want to share and to see if I overlook some action needed?

Thanks.

In a few words, and not necessarily in legal terms , it means that the Court is requesting the defendants to explain why the hell they didn't adjudicate the case, and gave them 60 days to do so.

You're OK.

 

[buggin]

I have a great news to share!

Hi everybody,

I have finally a great news to share! I had my naturalization interview on Oct. 5, 2005. Then, I was waiting, waiting, and waiting for the name check to clear. I was so lucky to find this forum and learn that I can do more than just wait. So, I filed my 1447(b) petition on May 30, 2006. My gratitude to everybody on this forum for help and support.

Yesterday, 3 weeks after the US Atty was served with my case, I called the US Atty's office and had a "delightful" conversation with the receptionist that went like this:
- Could you please help me find out if anybody has been assigned to my case?
- I don't know anything about your case.
- Well, could you find out?
- No, I don't know anything. We don't give out any information to people.
- I am not just "people". I am a plaintiff and I need to find out who in your office I can discuss my case with.
- I don't know anything.
- Well, could you transfer me to someone who knows something? (I agree, my question was sarcastic but I couldn't help. )

Finally, she transferred me to another person. I left a voice message. The lady called me back at my home number (though I left her my cell phone) and left a message asking to call back.

Today I called her back and she said: "Well, the USCIS is ready to adjudicate your case but they don't have the jurisdiction." So, she faxed me a stipulation agreement. I liked it and signed it and faxed it back to her. It pretty much said that I agree to dismiss my lawsuit without prejudice and the USCIS agrees to adjudicate the case within 30 days from the dismissal date.

I asked her when should I expect the approval/oath ceremony letter, and she said that the USCIS is trying to get me scheduled for the oath ceremony on July 11.

So, it looks like I am almost there.... Thanks to you all. I wouldn't have done it without this forum. I know I still have to wait for the oath letter, but I am so excited and happy.

Eastbayer, it looks like we might have the oath ceremony on the same day (Masonic Center right?).

 

[WaitingInDallas]

Congrats!!

Congratulations!!! buggin. What a wonderful news! Well deserved!

Hi everybody,

I have finally a great news to share! I had my naturalization interview on Oct. 5, 2005. Then, I was waiting, waiting, and waiting for the name check to clear. I was so lucky to find this forum and learn that I can do more than just wait. So, I filed my 1447(b) petition on May 30, 2006. My gratitude to everybody on this forum for help and support.

Yesterday, 3 weeks after the US Atty was served with my case, I called the US Atty's office and had a "delightful" conversation with the receptionist that went like this:
- Could you please help me find out if anybody has been assigned to my case?
- I don't know anything about your case.
- Well, could you find out?
- No, I don't know anything. We don't give out any information to people.
- I am not just "people". I am a plaintiff and I need to find out who in your office I can discuss my case with.
- I don't know anything.
- Well, could you transfer me to someone who knows something? (I agree, my question was sarcastic but I couldn't help. )

Finally, she transferred me to another person. I left a voice message. The lady called me back at my home number (though I left her my cell phone) and left a message asking to call back.

Today I called her back and she said: "Well, the USCIS is ready to adjudicate your case but they don't have the jurisdiction." So, she faxed me a stipulation agreement. I liked it and signed it and faxed it back to her. It pretty much said that I agree to dismiss my lawsuit without prejudice and the USCIS agrees to adjudicate the case within 30 days from the dismissal date.

I asked her when should I expect the approval/oath ceremony letter, and she said that the USCIS is trying to get me scheduled for the oath ceremony on July 11.

So, it looks like I am almost there.... Thanks to you all. I wouldn't have done it without this forum. I know I still have to wait for the oath letter, but I am so excited and happy.

Eastbayer, it looks like we might have the oath ceremony on the same day (Masonic Center right?).